Is a DUI a felony in Illinois?
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On a third — and Illinois calls it aggravated DUI. A third violation is aggravated DUI and a Class 2 felony. A fourth is also Class 2, but probation and conditional discharge become unavailable. The reading matters at every step: 0.16 or more on a third adds 90 mandatory days and $2,500, and on a fourth a mandatory fine of $5,000. Carrying a passenger under 16 on either brings a mandatory $25,000 fine and 25 days of community service in a program benefiting children.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in IL — and the paperwork will use none of them. Illinois charges it under a section number, and that is what decides the range below.
Grade. Class 2 felony
Confinement. Mandatory minimum 90 days at 0.16 or above
Fine. Mandatory minimum $2,500 at 0.16 or above
Illinois Compiled Statutes, 625 ILCS 5/11-501 · 625 ILCS 5/11-501(d)(1)(A), (d)(2)(B), (d)(2)(C) · checked 2026-09-04
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A reading of 0.16 or more | Mandatory service, days and money at every level | Illinois sets its enhanced threshold at 0.16, not the 0.15 used by most states — a difference that decides cases. It brings 100 hours of community service and $500 on a first, two days and $1,250 on a second, 90 days and $2,500 on a third, and $5,000 on a fourth. Illinois Compiled Statutes, 625 ILCS 5/11-501 · 625 ILCS 5/11-501(c)(4), (c)(5), (d)(2)(B), (d)(2)(C) · checked 2026-09-04 |
| A death | Class 2 felony, 3 to 14 years — 6 to 28 for two or more | Aggravated DUI causing death carries three to fourteen years where one person died, and six to twenty-eight where two or more did. Probation and conditional discharge are unavailable on the fourth-violation route and on several of the aggravated ones. Illinois Compiled Statutes, 625 ILCS 5/11-501 · 625 ILCS 5/11-501(d)(2)(G) · checked 2026-09-04 |
The device is a separate track
Illinois gives a first-time offender the Monitoring Device Driving Permit, which lets you drive without limits during the statutory summary suspension on one condition: a certified BAIID in the vehicle. The device blocks the engine at 0.025% and carries a camera that photographs whoever is blowing.
In Illinois the interlock term runs Length of suspension and is administered by Illinois Secretary of State, BAIID Division — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Illinois DUI questions
Is a DUI a felony in Illinois?
On a third — and Illinois calls it aggravated DUI. A third violation is aggravated DUI and a Class 2 felony. A fourth is also Class 2, but probation and conditional discharge become unavailable. The reading matters at every step: 0.16 or more on a third adds 90 mandatory days and $2,500, and on a fourth a mandatory fine of $5,000. Carrying a passenger under 16 on either brings a mandatory $25,000 fine and 25 days of community service in a program benefiting children. A reading of 0.16 or more: mandatory service, days and money at every level. A death: class 2 felony, 3 to 14 years — 6 to 28 for two or more.
What does a 3rd DUI in Illinois carry?
Class 2 felony: mandatory minimum 90 days at 0.16 or above, and a fine of mandatory minimum $2,500 at 0.16 or above. The range is set by 625 ILCS 5/11-501(d)(1)(A), (d)(2)(B), (d)(2)(C), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Illinois?
A reading of 0.16 or more — mandatory service, days and money at every level. A death — class 2 felony, 3 to 14 years — 6 to 28 for two or more.
Does an interlock come with it in Illinois?
Illinois gives a first-time offender the Monitoring Device Driving Permit, which lets you drive without limits during the statutory summary suspension on one condition: a certified BAIID in the vehicle. The device blocks the engine at 0.025% and carries a camera that photographs whoever is blowing. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Illinois Secretary of State, BAIID Division.
Other steps in Illinois: first offense penalties and second offense penalties.
All Illinois DUI rules →Penalties across the states →Illinois DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.